HC asks Delhi government to look into pricing of empty, filled oxygen cylinders

New Delhi: Stating that every person should be able to procure oxygen cylinders at the same price, the Delhi High Court on Monday asked the Delhi government to hold a meeting with all stakeholders to look into this aspect of pricing of empty and filled cylinders and resolve it at the earliest.

The division bench of Justices Vipin Sanghi and Rekha Palli, while asking the Delhi government to file a status report in this regard by Friday, made the direction after hearing a plea that sought the declaration of medicines and medical devices as an essential commodity under the Essential Commodities Act.

Amicus curiae Rajshekhar Rao told the court that the pricing of cylinders was becoming a bottleneck and that the Delhi government had to step in and find a solution. "There is no clarity on what is the maximum price when a cylinder goes out for retail... empty and filled," he submitted.

"If allocation is being made from Jharkhand and Linde is saying that we are providing at doorstep, the price by NPPA is at door no...you (Delhi government) have to ensure that NPPA pricing is adhered to...you have to add transportation, add some margin (for retailer)," the court noted.

The court also asked the Delhi government to resolve the situation without waiting for the court's orders.

Advocate Prasanna S, on behalf of a petitioner, told the court that pricing for low-income groups should also be considered and that even they should be able to obtain the facility of such cylinders. "Let them arrive at the cost first... price for low-income group is something that state has to see," the bench noted while also noting that there is a dire need to do something with regard to the blackmarketing and hoarding of medical items taking place in the capital.

While hearing the Covid matters, the bench also told the Centre and the Delhi government to not wait for its orders to act against black marketers and hoarders of medicines and medical equipment.

The court issued notice to the Union Health Ministry and the Delhi government, represented by additional standing counsel Anuj Aggarwal, on the plea which has also sought setting up of fast track courts to deal exclusively with cases of black marketing and hoarding of medicines and equipment.

The petition by Delhi resident Manisha Chauhan has also sought appointment of special public prosecutors for dealing with such cases before the special fast track courts.